9207R1182B08
STAR SUPERSEDED WITHOUT SUMMARY
Accession No.(s): 9207227R
Document superseded on: 08/15/2013
STATE OF TEXAS
COMPTROLLER OF PUBLIC ACCOUNTS
FRANCHISE TAX
Rule 3.567. Additional Tax on Earned Surplus.
(a) Effective date. The additional tax imposed by the Tax Code, 171.0011,
applies to a corporation which, after December 31, 1991, no longer has
sufficient nexus with Texas to be subject to a tax based on earned surplus. All
provisions of the Tax Code, Chapter 171, apply to the additional tax, unless
they conflict with a provision in the Tax Code, 171.0011.
(b) Due date. A final report and payment of the additional tax are due within
60 days after the corporation no longer has sufficient nexus with Texas to be
subject to a tax based on earned surplus. However, an estimated return and
payment may need to be filed and paid before a corporation will receive
clearance from the comptroller to dissolve, merge, or withdraw. As long as the
proper amount is paid and an amended return, if needed, is filed within 60 days
after the corporation dissolves, merges, or withdraws, then no penalty or
interest will be assessed.
(c) Rate and business based on. The additional tax is 4.5% of the net taxable
earned surplus earned from the day after the last day for which the earned
surplus component was based on a previous report through the date the
corporation no longer has sufficient nexus with Texas to be subject to a tax
based on earned surplus.
Effective Date: July 29, 1992
Filed with Secretary of State: July 8, 1992
Comptroller of Public Accounts
ACCESSION NUMBER: 9207227R
SUPERSEDED: Y
DOCUMENT TYPE: R
DATE: 07/29/1992
TAX TYPE: FRANCHISE